H.B. 1997 78(R)    BILL ANALYSIS


H.B. 1997
By: Gutierrez
Transportation
 Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The purpose of this bill is to provide a legal and regulatory structure
for the introduction of a new transportation technology that is not
currently defined in Texas transportation law.  Texas law currently does
not outline nor include statutory parameters for the operation of such a
device on the streets and sidewalks of the state.  The unique features of
this device and its potential for widespread use in the state require that
it be specifically defined and regulated in the statutes. 

House Bill 1997 defines this technology as an Electric Personal Assistive
Mobility Device that has two nontandem wheels, is self-balancing,
propelled by an electric propulsion system and used to transport one
person.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  An owner of an electric personal assistive mobility device
(EPAMD) is not required to register the device with the State. 

SECTION 2.  An EPAMD is not defined as a motor vehicle under Sec.
541.201(11), Transportation Code. 

SECTION 3.  An EPAMD is not defined as a "slow-moving vehicle" as
prescribed under Sec. 547.001(7), Transportation Code. 

SECTION 4.  Sec. 551.001 only applies to a person operating a bicycle on a
highway or a path set aside for bicycles. 

SECTION 5.  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.  Defines an
electric personal assistive mobility device as a two non-tandem wheeled
device designed  for moving one person, and the device is self-balancing
and propelled by an electric propulsion system with an average power of
750 watts or one horsepower.  A person may operate an EPAMD on a roadway
with a speed limit less than 35 miles per hour.  A person may not operate
an EPAMD on a roadway designed for speeds greater than 35 miles per hour
unless operated on a part of the roadway set aside exclusively for bicycle
operation. A person may not operate an EPAMD on a roadway where bicycles
are prohibited.  A person may operate an EPAMD on a path set aside for
bicycles operation.  All other bicycle provisions apply to an EPAMD.  A
person may operate an EPAMD on a sidewalk. 

SECTION 6.  An EPAMD is not defined as a "motor vehicle."

EFFECTIVE DATE

 September 1, 2003